8.  The applicant was born in 1961 and lives in Krasnodar.
9.  On 26 June 1998 the applicant had a loud quarrel with his neighbour and assaulted him. Further to the neighbour's complaint, the police opened criminal proceedings against the applicant.
10.  On 27 October 1998 the applicant was taken in custody and placed in investigations ward no. IZ-18/3 of Novorossiysk[*] (ИЗ 18/3 г. Новороссийска, “the facility”).
11.  On 5 November 1998 the Oktyabrskiy District Court of Novorossiysk found the applicant guilty of disorderly behaviour, an offence under Article 213 § 1 of the Russian Criminal Code, and sentenced him to six months' imprisonment.
12.  The applicant served the sentence in the same facility. He was released on 28 April 1999.
13.  The applicant stayed in cells nos. 11 and 3.
14.  According to the applicant, each cell measured approximately 42 m2 and accommodated 42 to 51 inmates. Inmates took turns to sleep. Thirty sleeping places were available, of which two were occupied with water receptacles for washing and flushing the toilet. The water containers were needed as running water was only available for one hour three times a day. No bedding was provided to inmates, save for tattered cotton mattresses. Between 5 November and 28 December 1998 in cell no. 11 the applicant had to sleep without a mattress on metal plates, covering himself with an old, dirty and worn cotton rag.
15.  The Government did not dispute the cell measurements suggested by the applicant. They submitted that each cell had had 30 sleeping places, a full set of bedding had been distributed to each inmate and sleeping berths had been made of metal plates and covered with wadded mattresses.
16.  According to the applicant, the ventilation in cells was only switched on for a few minutes when “inspectors” visited the facility. Windows were covered with steel plates leaving an open slot of about 10 cm. There was no fresh air in the cells.
17.  The Government submitted that cells had been equipped with ventilation. It was switched on and off “in accordance with the schedule approved by the facility director” (order no. 41 of 26 May 1998). A copy of the schedule has not been produced to the Court. On “especially hot” days, doors were open to ensure a better circulation of air. At the material time windows had been covered with metal shields which were removed in 2002.
18.  According to the applicant, the lavatory pan sat on an elevation of 0.5 m above the floor. A partition of 1.1 m in height separated it from the rest of the cell. Occasionally an inmate hung a sheet to have some privacy. According to the Government, lavatory pans were located at the entrance and separated from the living area by a brick partition measuring 1.3 m in height and width.
19.  According to the applicant, inmates were given one piece of soap per week for the entire cell population. No laundry detergent was available. According to the Government, each inmate received 200 g of washing soap and 70 g of laundry detergent each month. Bathing was possible “regularly”.
20.  The applicant claimed that a thick, black and footworn layer of dirt had covered the floor. Inmates' clothing swarmed with lice, spiders and other insects. Between 5 November 1998 and 15 January 1999 cell no. 11 was not once sanitised. Between 15 January and 28 April 1999 cell no. 3 was sanitised on one occasion. In the Government's view, the sanitary and hygienic conditions of the cells were up to the applicable standards and insecticide was distributed every month.
21.  According to the applicant, the facility administration took complaints, requests and letters from inmates once a day, between 4.30 and 5 a.m. According to the Government, complaints and requests were taken from inmates during the morning inspection of cells starting at 8 a.m.
22.  The applicant further submitted that the food ration had consisted of bread, millet porridge, boiled pearl barley and no-meat soup. In six months inmates were fed on five occasions with pea soup, soup with pasta and boiled rice.
23.  In April 1999 the applicant contracted scabies and he received sulphuric and benzyl ointments to treat himself. He was not isolated from other inmates. The applicant's cellmates who contracted scabies and other skin diseases were not taken out of the cell either. The applicant submits that tuberculosis-infected inmates spent, on several occasions, a few days in his cell. According to the Government, infected inmates were isolated in a special wing. The applicant twice fell ill with a high temperature and he was treated with sulphadimisin and aspirin. From 13 to 20 April 1999 the applicant underwent outpatient treatment for dermatitis.
24.  By the time of his release, the applicant had lost 15 kilograms in weight, he felt short of breath while walking, tired easily, could not run, and suffered from pustules and itching all over his body.
25.  On 5 May 1999 the applicant was examined in clinic no. 1 of Novorossiysk and issued with a certificate confirming that he suffered from emaciation.
26.  On 30 July 2002 the applicant filed a civil action for damages against the Treasury of the Russian Federation. He claimed compensation for non-pecuniary damage caused by “inhuman and degrading” conditions of detention in facility no. 18/3. He described the conditions of his detention in detail and relied, in particular, on Article 3 of the Convention.
27.  On 1 October 2002 the Pervomayskiy District Court of the Krasnodar Region dismissed the applicant's action. It held that the applicant had failed to prove that the officials of facility no. 18/3 had been liable for pecuniary or non-pecuniary damage allegedly caused to him. The court noted that the applicant had served his sentence upon the lawful conviction by a competent court and, therefore, the responsibility of the treasury was not engaged.
28.  On 14 November 2002 the Krasnodar Regional Court upheld, on an appeal by the applicant, the judgment of 1 October 2002.